claim in the present suit by the puisne mortgagees the right of subrogation under Section 92 , T.P. Act. The plaintiffs maintain that the vendees ... entitled to the right of subrogation In respect that (1) The part redemption in terms of covenants in the sale deeds, and (2) the prior
consider whether in the circumstances of the case the appellants were subrogated to the position of Paras Ram. The point raised in this appeal ... circumstances of the present case is not entitled to be subrogated to the position of the first mortgagee. The earliest important case-on this point
covenant and therefore the defendant is not entitled to be subrogated to the rights of the prior mortgagees.
2. Two conflicting views have been expressed ... party, is the third mortgagee entitled to claim a right of subrogation for the amount which he paid in discharge of the decree
respondents is that by satisfaction of the mortgage decree, Chhote Lal was subrogated to the position of Hargu Lal as a mortgagee of the date ... Court was this. A puisne mortgagee who satisfies a prior mortgage is subrogated to the position of the prior mortgagee, and in order to enforce
The Distt. Manager, Food Corporation Of ... vs Shri Kailash Chand & Others on 12 December
this de-cision and urged that they were by the rule of subrogation, clothed with all the rights of Sadho Ram. This contention was negatived ... plaintiffs had acquired the rights of Sadho Ram on the principle of subrogation. The answer was a clear nega-tive. We shall deal with
separate suit against the first defendant in view of his being subrogated to the position of a mortgagee. At the same time the lower appellate ... contesting defendant was "no doubt that of one who was subrogated to the place of the mortgagee .....that as this
point was not claimed
plaintiff was entitled to the rights of subrogation, and the Court further found that defendant 4 had received the benefit and the property therefore ... representing the rights or interests of Sri Behariji no doctrine of subrogation or equity can be applied by the plaintiff against Sri Behariji
plea was that the Raja, having paid off the first mortgagee, was subrogated to the rights of that mortgagee. He was thus ... being bound by his contract to pay it, can claim to be subrogated to the mortgagee whom he has paid off.
10. As remarked
this decision and urged that they were by the rule of subrogation clothed with all the rights of Sadho Ram. This contention was negatived ... plaintiffs had acquired the rights of Sadho Ram on the principle of subrogation. The answer was a clear negative. We shall deal with the reasons
